Terms


Legal Notice

Company name: swiit technology GmbH
Company address: Werdertorgasse 12/7, 1010 Vienna, Austria
VAT Number: ATU74399689
Registered at Vienna Commercial Court: FN 512041 b

Contact: hello at sweetspots.io

General

The website and mobile application are owned and operated by swiit technology GmbH (“sweetspots”, “we”, “us”), located at Werdertorgasse 12/7, 1010 Vienna, Austria.

The following terms and conditions govern all use of our website and all content and services available on our mobile application, which is available on both iOS and Android.

These terms and conditions apply between you, the user, whether or not you become a registered user, and sweetspots and govern the terms of your use of our website and mobile app. Please read this agreement carefully before accessing or using our website and mobile app. By accessing or using any part of our website or mobile app, you agree to be bound by the terms and conditions of this agreement (including, without limitation, sweetspots’ privacy policy).

We reserve the right to change, modify, or otherwise alter any part of this agreement at any time and at our sole discretion. It is your responsibility to review and keep yourself informed of any changes. By using our website or mobile app you agree that the posting of new or revised terms on the website constitutes adequate notice to you of any and all revisions and changes. Your continued use of or access to the website and mobile app following the posting of any changes to this agreement constitutes acceptance of those changes. sweetspots may also, in the future, offer new services and/or features through the website and mobile app. Such new features and/or services shall be subject to the terms and conditions of this agreement.

Our services are available only to individuals who are at least 13 years old.

Content

If you create an account on our mobile app, you are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not create content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and sweetspots may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause us liability. sweetspots will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You must immediately notify sweetspots of any unauthorized uses of your service, your account or any other breaches of security.

You further consent that you are fully responsible for any content you created or posted on our website or mobile app, and for any harm resulting from that content. This applies regardless of whether the content in question constitutes text, images, graphics, audio files, or computer software. By making content available, you represent and warrant that:

  • the content does not infringe any copyright, patent, trademark, trade secret or other proprietary right or right of publicity or privacy
  • the content does not violate any law or regulation
  • the content is not defamatory and/or obscene, does not contain violence or incite violence, is not of pornographic nature, and does not infringe our Code of Conduct
  • the content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive computer software that are intended to damage any system, information, or personal data
  • the content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the content (such as spoofing)
  • your sweetspots account and content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
  • the content and your account are not named in a manner that misleads other sweetspots users, your followers and listeners into thinking that you are another person or company

By posting content on sweetspots’ mobile app, you grant sweetspots a world-wide, royalty-free, and non-exclusive licence to reproduce, modify, adapt, and publish the content solely for the purpose of displaying, distributing, and promoting your account and content, and anonymously use the data behind your content to offer additional services for you and other users. If you delete content, sweetspots will use reasonable efforts to remove it from the website and mobile app, but you acknowledge that caching or references to the content may not be made immediately unavailable.

Without limiting any of those representations or warranties, sweetspots has the right (though not the obligation) to, in sweetspots’ sole discretion (i) refuse or remove any content that, in sweetspots’ reasonable opinion, violates any sweetspots policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website and mobile app to any individual or entity for any reason, in sweetspots’ sole discretion.

As we provide unfiltered access to content, you agree that sweetspots only acts as platform and that we disclaim any liability related to content posted on our mobile app. We do not undertake any obligation to control the content that is posted. By operating the website and mobile app, sweetspots does not or imply that it endorses the material that is posted there, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking the necessary precautions to protect yourself. The website and mobile app may contain offensive, indecent, or otherwise objectionable content, as well as typographical mistakes, and other errors. The mobile app may also contain content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties. sweetspots disclaims any responsibility for any harm resulting from the use by visitors and users of the website and mobile app.

We have not and cannot review all content (incl. computer software) made available through the websites and mobile apps to which our mobile app links, and that link to our mobile app. sweetspots does not have control over those non-sweetspots websites and mobile apps, and is not responsible for their contents or their use. By linking to a non-sweetspots website or mobile app, sweetspots does not represent or imply that it endorses such website or mobile app. You are responsible for taking the necessary precautions to protect yourself. sweetspots disclaims any responsibility for any harm resulting from your use of non-sweetspots websites, mobile apps, and webpages.

Copyright

As sweetspots ask others to respect its intellectual property rights, its respects the intellectual property of others. In case you believe that content located on or linked to our mobile app violates your copyright, you are encouraged to notify sweetspots. We will respond to all such enquiries and remove infringing content or disable all links to the infringing material. Under appropriate circumstances, we will terminate a user’s access to and use of the mobile app, if the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of sweetspots or others. sweetspots, sweetspots.io, sweetspotsapp.com, the sweetspots logo, and all other trademarks, graphics, and logos used in connection with sweetspots, or the website and the mobile app are trademarks or registered trademarks of sweetspots or its licensors. Your use of the website or mobile app does not grant you the right or license to reproduce or otherwise use any sweetspots or third-party trademarks.

Some UI elements we use for our BETA are part of the CC BY 4.0 licence (link to element here)

User Account and Third-party Accounts

Upon registering and creating a sweetspots account, you have access to the service and functionality of our mobile app. We may add, delete, or change some or all of the service as part of the account at any time. You will be notified of any amendments that may be introduced at a future point in time and given the option to continue to use or to terminate your account.

As a registered user you consent to allow sweetspots to contact you on your email address with communications related to your account, including but not limited to notices and updates. You further agree to keep your contact information up to date. More information on communication can be found in our privacy policy.

By signing in with or linking your sweetspots account with other accounts you own at third party providers such as Google, Facebook, Instagram, you agree to the terms of service of those providers. You can opt out of their terms of service at any time by de-connecting your sweetspots account from the accounts you have there.

Termination

sweetspot may terminate your access to all or any part of the website and mobile app at any time, with or without cause, with or without notice, effective immediately. In case you have a sweetspots account and wish to terminate this agreement, you may discontinue using the website and mobile app.

Disclaimer of Warranties and Limitation of Liability

The Website and mobile Applications are provided “as is”. sweetspots hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, to correctness, accuracy, the fitness for a particular purpose, and non-infringement. sweetspots does not make any warranty that the website and mobile app will be error free or that access thereto will be continuous or uninterrupted.

You agree, by using sweetspots, that any legal action, remedy or liability that you seek to obtain for actions or omissions of other users or third parties will be limited to a claim against the particular user or users or other third parties who caused you harm at the exclusion of sweetspots to the fullest extent permitted by applicable law. You further agree to indemnify and hold harmless sweetspots and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website and mobile app, including but not limited to your violation of this Agreement.

sweetspots does not accept any liability arising from the sale or consumption of food and beverages at restaurants, cafés, and bars recommended on its platform. The restaurants, cafés, and bars owners are solely responsible for the compliance and adherence to all laws, regulations and expected operating standards related to their business.

Code of Conduct

sweetspots is dedicated to providing a harassment-free experience, both on our website and mobile app, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age, religion or lack thereof. Please help us keep sweetspots a fun and safe space by reporting any harassing behavior (directly through the app or by sending us a mail at hello at sweetspots.io)

Thanks to JSConf for the inspiration.  

Transfer of Rights, Severability Clause, and Applicable Law

You agree that you may not, without our prior written consent, transfer any of your rights or obligations under these terms. However, sweetspots may, without your prior written consent, transfer any of its rights or obligations under these Terms.

In case any provision or part of a provision of these terms (including our Privacy Policy) is found to be unlawful or otherwise invalid or unenforceable by any court or authority of competent jurisdiction, such provision or part of a provision will be struck out of these Terms and the remainder of these Terms will apply as if the offending provision or part of a provision had never been agreed upon.

These terms and all matters that arise out of or relate to these terms including but not limited to non-contractual disputes, claims and their interpretation are governed by the laws of Austria to the extent that such law is not overridden by the respective applicable mandatory law. Any dispute or claim that arise out of or relate to these terms including but not limited to non-contractual disputes, claims and their interpretation are subject to the jurisdiction of the Austrian courts. Place of jurisdiction is Vienna, Austria.

Change Logs

January 23rd, 2020: Published Terms of use & Privacy Policy 

August 6th, 2020: Updated Terms of use